On July 14, 2008, the Department of Justice simultaneously filed a Complaint and a Consent Decree with New Century Travel, Inc., in the United States District Court for the District of Columbia under Title III of the Americans with Disabilities Act (ADA). New Century Travel, Inc., (New Century) is a small over-the-road bus (OTRB) operator that provides low-cost, fixed- route service to major cities along the east coast, including Washington, D.C., Philadelphia and New York City. These actions were taken to enforce Section 304 of the ADA, 42 U.S.C. § 12184, and the relevant regulations implementing the ADA, 28 C.F.R. Part 36 and 49 C.F.R. Part 37.

This fact sheet highlights some of the terms of the New Century Consent Decree and provides general guidance regarding the obligation of OTRB companies to comply with the requirements of the ADA by providing non-discriminatory transportation services to individuals with disabilities.

Highlights of the Agreement

Physical Accessibility

Persons who use wheelchairs will be able to ride buses equipped with wheelchair lifts whenever they give New Century at least 48 hours notice.

Web Site Modifications

New Century will create a link on its web site that will enable a person with a disability to reserve a seat on an accessible over-the-road bus and to receive confirmation on these arrangements in writing in a timely manner;

New Century will post a notice on the company's web site, and at its stations and pick-up locations, indicating that it is obligated to provide accessible transportation to persons with disabilities.

Annual Reporting Requirements

New Century will submit annual reports to the Federal Motor Carrier Safety Administration and the Department stating, among other things, the number of accessible/equivalent service requests received and the responses/services provided and summaries of OTRB fleet composition, including the number of OTRBs purchased and leased, and the number that are accessible. 49 C.F.R. § 37.213.

Employee Training

All relevant employees will be trained about the requirements of the ADA and how they apply to New Century, including policies, practices, and procedures to be adopted as a result of the Consent Decree.

Penalties

New Century will pay $5,000 in civil penalties to the United States.

New Century will pay $1,000 in compensatory damages to any persons aggrieved by discriminatory conduct.

The ADA and Implementing Regulations Issued by the Department of Transportation

Under Section 304 of the ADA, 42 U.S.C. § 12184(b), and implementing regulations issued by the Department of Transportation (DOT), if a small OTRB company operates a fixed route system and purchases or leases a new OTRB for or in contemplation of use in that system, it must ensure that the vehicle is readily accessible to and usable by individuals with disabilities, or it must ensure that equivalent service is provided to individuals with disabilities, including individuals who use wheelchairs. 49 C.F.R. § 37.183. Under the equivalent service standard, an operator of a fixed-route system is deemed to provide equivalent service if the service available to individuals with disabilities is provided in the most integrated setting appropriate to the needs of the individual and is equivalent to the service provided to non-disabled individuals with respect to a number of service characteristics, including schedules, fares, geographic area of service, hours and days of service, and availability of information. 49 C.F.R. § 37.105.

Under DOT's interim service requirements, until 100% of its OTRB fleet is accessible, a small operator of a fixed route system must ensure that any individual with a disability who requests accessible service on an OTRB receives that service. A small operator may require up to 48 hours advance notice from a person who requests an accessible OTRB. 49 C.F.R. § 37. 193(a)(1)(i). A small operator is not required to provide interim service in an accessible OTRB if it provides equivalent service under the terms of 49 C.F.R. § 37.183(b)(2).